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December 12, 2024
On Election Day 2024, New Yorkers voted to adopt the Equal Rights Amendment to expand their constitutional civils rights and to codify – in the State’s Constitution – prohibitions against discrimination.
Currently, New York State has various anti-discrimination laws (e.g., the New York State Human Rights Act and the Civil Rights Act). However, the New York State Constitution prohibits only discrimination based on race, color, creed, and religion.
Pursuant to the Equal Rights Amendment, the New York State Constitution – effective January 1, 2025 – will prohibit discrimination based on race, color, ethnicity, national origin, age, disability, creed, religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. This Amendment does not affect the free exercise of religion. It also does not affect current, or prevent future, laws, regulations, programs, or practices that seek to address unlawful discrimination (e.g., the New York State Human Rights Law).
New York Employers: Though the Equal Rights Amendment does not expand New York’s anti-discrimination laws, it does provide workers with a new avenue for recovery. Take the time now to ensure that your policies and practices are compliant with all local, state, and federal anti-discrimination laws.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New York, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
